Domestic Violence

Violence should not be tolerated. Removing yourself from harm's way should be taken seriously.

Domestic violence is a perplexing and chronic paradox that is unfortunately existent in some cases. Be it alcohol induced, drug induced or simply caused by years of anger – it can occur in men and woman and has the concern of the Courts and society.

Caution: If there ever is a point where you feel threatened with physical violence, immediately take steps to protect yourself by calling the police, a crisis shelter, or an attorney. Violence should not be tolerated, and removing yourself from harm's way should be taken seriously.

In California, if one spouse has been convicted of domestic violence in either civil or criminal court, the presumption arises, that that spouse is not the best choice for custody for the children of the parties. Unfortunately there are times one spouse accuses the other spouse of violence, when no violence ever occurred.

Domestic violence ("D.V." proceedings) is an ancillary proceeding which means you can ask for help from the Court without filing for a divorce, or you can bring it together with a dissolution of marriage. When warranted and appropriate, our office can get an immediate hearing within 24 hours from the initial office appointment before a Superior Court judge; and if sustained, relief by the court through appropriate court orders can award temporary custody, suspending access to the innocent spouse by granting protective orders and restraining orders for children (restricting the offending spouse from visitation, access to the school, etc.), as well as eviction from the family residence of the offending party by court order.

If you need help, do not hesitate to contact the appropriate authorities. To schedule an initial consultation with our office, please call (714) 558-8841.

Some Basic Ground Rules

Basic ground rules can make it easier.

It is possible for your divorce to proceed smoothly, especially if you and your spouse can put aside your differences long enough to agree on how to separate. Divorces can become more complicated when you and your spouse simply agree to disagree.

Here are a few simple things to remember that will not only make your case run smoothly, but will also reduce any hurt feelings as well as benefit your children:

Refrain from publicly saying bad things about your spouse. Not only do the courts frown upon this behavior, but it may be confusing and scary for your children as well.

For obvious reasons, avoid fighting with your spouse.

Important Note: Physical altercation can lead to restraining orders. Having been judged the aggressor in such an altercation leads to a judicial presumption that the aggressor is not the proper parent to have "physical custody" of the children (i.e., loss of child custody).

Be sure that your spouse can spend quality time with your children, and that you do not unreasonably restrict this time (Except where the possibility of abuse exists, in which case you should contact the appropriate authorities).

If at all possible, refrain from dating others around your children while your divorce is still in progress.